11
mentioned above (supra para. 14), the State of Trinidad and Tobago refused to
recognise the jurisdiction of this Tribunal to continue processing this case.
Accordingly, on February 8, 2002, the State announced that it would not attend the
public hearing convened by the Court (infra paras. 47 and 49) and indicated the
following:
The Government of the Republic of Trinidad and Tobago must decline the invitation of
the Court to participate at the public hearing and the preliminary meeting to be held on
20-21 February, 2002 […] In taking this decision the Government of Trinidad and
Tobago does not intend any discourtesy towards the Court or its distinguished and
learned President. It reflects the belief of the State that, in the absence of any special
agreement by the Republic of Trinidad and Tobago recognising the jurisdiction of the
Court in this matter, the Inter-American Court of Human Rights has no jurisdiction in
respect of these cases.
17)
The Inter-American Court does not agree with the reason given by the State
for not appearing before this Tribunal and for not participating in the proceedings
(infra paras. 38, 46, 49, 53 and 83); as it has been well established in this case, the
Court, as with any other international organ with jurisdictional functions, has the
inherent authority to determine the scope of its own competence (compétence de la
compétence/Kompetenz-Kompetez). 11
18)
As this Tribunal has indicated in its judgments on jurisdiction in the
Constitutional Court and Ivcher Bronstein Cases,
[t]he jurisdiction of the Court cannot be contingent upon events extraneous to its own
actions. The instruments consenting to the optional clause concerning recognition of the
Court’s binding jurisdiction (Article 62(1) of the Convention) presuppose that the States
submitting them accept the Court’s right to settle any controversy relative to its
jurisdiction. An objection or any other action taken by the State for the purpose of
somehow affecting the Court’s jurisdiction has no consequence whatever, as the Court
retains the compétence de la compétence, as it is master of its own jurisdiction. 12
19)
Likewise, the Inter-American Court reiterates that when interpreting the
American Convention in accordance with the general rules of treaty interpretation
enshrined in Article 31(1) of the United Nations Convention on the Law of Treaties
(hereinafter "the Vienna Convention"), and considering the object and purpose of the
American Convention, the Tribunal, in the exercise of the authority conferred on it by
Article 62(3) of the Convention, must act in a manner that preserves the integrity of
the provisions of Article 62(1) of the Convention. It would be unacceptable to
subordinate these provisions to restrictions that would render inoperative the Court’s
jurisdictional role, and consequently, the human rights protection system established
in the Convention. 13 The Court has the inherent authority consistent with the
imperative of judicial certainty to determine the scope of its own jurisdiction.
11
Cf. I/A Court H.R., Hilaire Case. Preliminary Objections, supra note 10, para. 78; I/A Court H.R.,
Benjamin et al. Case. Preliminary Objections, supra note 10, para. 69; and I/A Court H.R., Constantine et
al. Case. Preliminary Objections, supra note 10, para. 69.
12
I/A Court H.R., Constitutional Court Case. Competence. Judgment of September 24, 1999.
Series C No. 55, para. 33; and I/A Court H.R., Ivcher Bronstein Case. Competence. Judgment of
September 24, 1999. Series C No. 54, para. 34.
13
Cf. I/A Court H.R., Hilaire Case. Preliminary Objections, supra note 10, paras. 82 and 84; I/A
Court H.R., Benjamin et al. Case. Preliminary Objections, supra note 10, paras. 73 and 75; and I/A Court
H.R., Constantine et al. Case. Preliminary Objections, supra note 10, paras. 73 and 75.